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17-036 Scapes, Inc., City Hall Turf Reduction, Project No. 2017-03RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27283
23757655
Regina Alcomendras
Santa Clara County -Clerk-Recorder
09/20/2017 12:17 PM
Ti ties: 1
Fees : $0 .00
Taxes : $0
Total: $0 .00
Pages: 3
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF COMPLETION
CITY PROJECT NAME: City Hall Turf Reduction Project
City Project No. 2017-03
y;;f Original
D For Fast Endorsement
CUPERTINO
Recording Requested By:
When Recorded Ma il To:
City of Cupertino
10300 Torre Ave .
Cupertino , CA 95014
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE
NOTICE OF COMPLETION
Civil Code§§ 8182 , 8184 , 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the agent of the owner of the project described below.
2 . Owner's full name is : City of Cupertino, California.
3. Owner's address is: City Hall, 10300 Torre Ave ., Cupertino, CA 95014 .
4 . The nature of owner's interest in the project is :
_i_ Fee Ownership Lessee Other: __________ _
5. Construction work on the project performed on the owner's behalf is generally described as
follows :
City Project Name:
(City Project No .:
City Hall Turf Reduction Project
2017-03)
Design and installation of replacement landscape with alternative low-water demand plantings
and drip irrigation at the existing turf along Rodriquez Ave . and Torre Ave . fronting City Hall.
6 . The name of the original contractor for the project is: SCAPES Inc.
7.
8.
The project was completed on : --'S=e=p'--'t=em'-'-=b-=-e'-r =5,'--'2=0'-'1C...C7 _____________ _
The project is located at: ___ __,_1-=-0=3 0=-0"--'-T-=-o"""rr=e-"-A"""v-=-e"""". , _,C'--'u=pc..:e"'"'rt"'"i n-'-"oc,.., --=C"'-A-"--9=5=-0=-1'-4'-----
Verification : In signing this document, I, the undersigned, declare under penalty of perjury under the laws
of the State of California that I have read this notice, and I kno~d understand the contents of this
notice, and that the facts stated in this notice are tru ~eand e-c5i'.re'cf /
September 14, 2017; Santa Clara County ~-2-l1A
Date and Place 'SJQn f re
Timm Borden
Director of Public Works
"NO FEE"
City of Cupertino
NOTICE OF COMPLETION is hereby given in order to comply with the provisions of
Section 27283 of the Government Code.
This is to certify that the Notice of Completion dated September 14, 2017 for
CITY PROJECT NAME: City Hall Turf Reduction Project
City Project No. 2017-03
and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino
on September 14, 2017 and the grantee consents to recordation thereof by its duly authorized
officer.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
Dated: September 20, 2017
ByL~~
Senior Office Assistant
DOCUMENT 00520
CONTRACT
Project No. 2017-03
;/,~ux~
P,.e>S .
THIS CONTRACT, dated this 22 nd day of March , 2017, by and between SCAPES, INC. whose place of
business is located at 12344 San Mateo Rd., Half Moon Bay, CA 94019 ("Contractor"), and the CITY OF
CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority
vested in the City by the laws of the State of California.
WHEREAS, City, on the 21st day of March, 2017 awarded to Contractor the following Project :
PROJECT NUMBER 2017-03
CITY HALL TURF REDUCTION
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree
as follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications ,
Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2 .1 City has designated Katy Jensen, Capital Improvement Program Manager, to act as City 's Authorized
Represe ntative(s), who will repres (')nt City in-performing City 's-duties and re spon s ibilities-and exercising City's
rights and authorities in Contract Documents. City may change the individual(s) acting as City 's Authorized
Representative(s), or delegate one or more specific functions to one or more specific City 's Representatives ,
including without limitation engineering, architectural, inspection and general administrative functions , at any time
with notice and without liability to Contractor. Each City 's Representative is the beneficiary of all Contractor
obligations to City, including without limitation, all releases and indemnities .
2 .2 City has designated John Northmore Roberts & Associates Landscape Architectural Consultant. City may
change the identity of the Landscape Consultant at any time with notice and without liability to Contractor.
2.3 City has designated Gilbane Building Company to act as Construction Managers . City may change the identity
of the Construction Manager at any time with notice and without liability to Contractor.
2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at:
10300 Torre Avenue , Cupertino, California 95014 or to such other person(s) and address(es) as City shall
provide to Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
The Contract Time will commence to run on the date indicated in the Notice to Proceed . City may give a
Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at
the Site prior to the date on which the Contract Time commences to run.
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance
with Section 00700 (General Conditions) by June 19 , 2017.
City of C upertino 00520 -I Contract
City Ha ll Turf Reduction
Project No. 201 7-0 3
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial lo ss
in the form of contract administration expenses (such as project management and consu lt ant expenses), if a ll or
any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in
accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor
and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the
amount of actual damages incurred by City because of a delay in completion of all or any part of the Work .
Accordingly , City and Contractor agree that as liquidated damages for delay Contractor shall pay City :
3.2 .1 $1 ,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve
Fina l Completion of the ent ir e Work as specified above.
3.2.2 $3,000 for each occurrence of a violation of Document 00800 , Section 1.7 WORK DAYS AND
HOURS.
3.2.3 Three Months Sa lary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of
Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or
Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor
can demonstrate to City's satisfaction is beyond Contractor's control.
Liquidated damages shall apply cumulatively and , except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
Contractor should be aware that California Department of Fish and Game , and other State and Federal agencies ,
may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered
species. Contractor hereby agrees to become fami liar with and adhere to wildlife and endangered species
protection requirements .
3 .3 Liquidated damages for delay shall only cover administrative, overhead , interest on bonds, and genera l loss of
public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of
completion of the Work, damages resulting from defective Work , lost revenues or costs of substitute facilities,
or damages suffered by others who then seek to recover their damages from City (for example, delay claims of
other contractors, sub contractors, tenants, or other third-parties), and defense costs thereof.
Article 4. Contract Sum
4 .1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as
set forth in Contractor's Bid , attached hereto: See Exhibit "A" attached
Article 5. Contractor's Representations
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the
Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and
federal , state and local laws and regulations that in any manner may affect cost, progress , performance or
furnishing of Work or which relate to any aspect of the means , methods , techniques , sequences or procedures of
construction to be employed by Contractor and safety precautions and programs incident thereto.
5.2 Contractor ha s examined thoroughly and understood all reports of exploration and te sts of subsurface
conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of
phy sica l conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical
Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings . Contractor
accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the
limited extent of the information contained in such materials upon which Contractor may be entitled to rely.
City of Cupertino 00520 - 2 Contract
City Hall Turf Reduction
5.3
5.4
5.5
5.6
5.7
Project No . 2017-03
Contractor agrees that except for the information so identified , Contractor does not and shall not rely on any
other information contained in such reports and drawings.
Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document
00520) that pertain to the subsurface conditions, as-built conditions, underground facilities , and all other
physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or
furnishing of Work , as Contractor considers necessary for the performance or furnishing of Work at the Contract
Sum , within the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional
examinations , investigations, explorations, tests , reports , studies or similar information or data are or will be
required by Contractor for such purposes.
Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
Contractor is duly organized , existing and in good standing under applicable state law, and is duly qualified to
conduct business in the State of California.
Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default
under any instrument, contract, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
_____ Code__§ALOO eLseq.-i n document-OOJ.40 (Subcontractor-s-List 1---------------
Article 6. Contract Documents
6 .1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
City of Cupertino
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00510 Notice of A ward
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specification/Special Provisions
Addenda(s)
Drawings/Plans
00520 -3
City Hall Turf Reduction
Contract
Project No . 201 7-0 3
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6 . Document 003 2 0
(Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied
therein , are not Contract Documents. The Contract Documents may only be amended, modified or
supplemented as provided in Document 00700 (General Conditions).
Article 7. Miscellaneous
7 .1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meanin g
indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or
acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority , or otherwise, and it is further understood and agreed that
liability of the City is limited and confined to such liability as authorized or imposed by the Contract
Documents or applicable law.
7 .3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq .
7.4 The Contract Sum includes all allowances (if any).
7 .5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights ,
title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2 ( commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods , services or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become effective at the time City tenders final
payment to Contractor, without further acknowledgment by the parties .
7 .6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed
to execute the Contract, as determined by Director of the State of California Department of Industrial Relations ,
are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of
California web site http ://www.dir.ca.gov/DLSR/PWD/Northern .html and shall be made available to any
interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware
of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability
for workers ' compensation or to undertake self-insurance in accordance with the provisions of that Code, and
Contractor shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
7.7 Should any part , term or provision of this Contract or any of the Contract Documents, or any document required
herein or therein to be executed or delivered , be declared invalid , void or unenforceable , all remaining parts ,
terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or
affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be
waived , they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid
and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable
law . In the event any provision not otherwise included in the Contract Documents is required to be included by
any applicable law, that provision is deemed included herein by this reference(or, if such provision is required
to be included in any particular portion of the Contract Documents, that provision is deemed included in that
portion).
7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The
exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County . Both parties hereby
waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action
or proceeding arising out of the Contract Documents to another venue . Contractor accepts the Claims
City of Cupertino 00520 -4 Contract
City Hall Turf Reduction
ProjectNo. 2017-03
Procedure in Document 00700 , A1ticle 12 , established under the California Government Code, Title I , Division
3.6 , Part 3 , Chapter 5.
C ity of Cupertino 00520 - 5 Co ntrac t
City Hall T~r f Reduction
Project No. 2017-03
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the da y and year first above written .
CITY HALL TURF REDUCTION
CITY:
CITY OF CUPERTINO, a Municipal Corporation of the
State of California
Att~~tf
~/4
City Clerk: Grace Schmidt l( _ G -r 7
Approved as to form by City Attorney :
~ City Attorney: Randolph Stevenson Hom
I hereby certify, under penalty of perjury , that David Brandt,
City Manager of the City of Cupertino was duly authorized
to execute this document on behalf of the City of Cupertino .
avidrandt, City Manag~ City of Cupertino, a
Municipal Corporation of the State of California
Designated Repres entative :
Name: Timm Borden
Title : Director of Public Works
Address: 10300 Torre Ave ., Cupertino , CA 95014
Phone: 408-777-3354
Facsimile: 408-777-3333
AMOUNT: $ 223,000.00
ACCOUNT NO: 420-99-033-900-905-CIV004-03-0l
FILE NO.: 2017-03
CONTRACTOR:
SCAPES, INC.
By ~C//UX~
[ignature]
LANE L. POMS
[Please print name here]
Title: PRES;IDENT
::~~~ ~nS o, Vk, Pmid'"t]
'gn-;;;1/
·coTT POMS
' [Please print name here]
Title: VICE PRESIDENT . $€-G. ! ~'()
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
776147
State Contractor's License No . Classification
03/31/2018
Expiration Date
Taxpayer ID No ._9_4_-_3_3_5_0 _2_0_3 ______ _
Name: SCOTT POMS
Title: VICE PRESIDENT
12344 San Mateo Road , Half Moon Bay, CA 94019
Phone: 650-712-4460
Facsimile: 650-712-4408
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND FED ERA L TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCAAL SE CURITY
NO. IS REQUIRED
END OF DOCUMENT
City of C upertino 00520 - 6 Contract
C ity Hall Turf Reduction
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Ca~ ~ ) Co22;~"'~0 ~ 7) ,#,
On ~' ~ ~IZ before me, ~ ~-C1/U-ah a/
Date ~ . k_ Here Insert Name and TitTeori,; Officer
personally appeared ~ _ _s
Name(s) of Signer(s)
who proved to me on the basis of satisfactory ev idence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
LESLIE OECRISTOFERI
Notary Pµblic -California
San Mateo County
Comminion 11 2176397
Comm. Ex ires Jan 18, 2021
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signat ~fj«-?-('"
i;g;a• ~,y Public
----------------oPnONAL----------------
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _
Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _
Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
, 1 Corporate Officer -Title(s): ______ _
J Partner -r·J Limited 1-:; General
I i Individual t I Attorney in Fact
:_: Trustee 1_ ! Guardian or Conservator
1 i Other: ______________ _
Signer Is Representing: _________ _
Signer's Name: ____________ _
· J Corporate Officer -Title(s): ______ _
:1 Partner -1 ·: Limited 1-1 General
I '. Individual
' J Trustee
1 J Attorney in Fact
, l Guardian or Conservator
] Other: _____________ _
Signer Is Representing: _________ _
.~~'@,~~'Q(,~~'g,~'Q<--g,'<e'<,~·~.z;~i,,og,;g,-g,s;,x,~'g(,~~~~
©2014 National Notary Association· www.NationalNotary .org • 1-800-US NOTARY (1-800 -876-6827) Item #5907
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EXHIBIT A
Contractor's Name: __ s_c_A_P_E_S_, _I_N_C_. _____ _
Project No. 2017-03
DOCUMENT 00400
BID FORM
To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders).
TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO
THIS BID IS SUBMITTED BY:
SCAPES I INC.
(Firm/Company Name)
Re: PROJECT NUMBER 2017-03
CITY HALL TURF REDUCTION
I. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of
Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform
and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the
Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract
Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to
do so will result in the b id being rejected as non-responsive .
2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for ·
------------M· id s:),an d-Ek>eum e nt-902'00-(-Instructions-10-B-idders}, 'ncludirrg;-witlmur t imitatim.,tlr~e:rHng witn tn=c ______ _
disposition of Bid Security. This Bid will remain subject to acceptance fol' 90 Days after the day of Bid
opening.
3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis
and given notices, regarding the Pmject and the Site, as set forth in Document 00520 (Contract), Article 5.
4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as·built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code,
are listed on the attached Document 00430 (Subcontractors List).
6 . The undersigned Bidder understands that City reserves the right to reject this Bid.
7. If written notice of th e acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered
to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time
thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by
Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are
not limited to, Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document
00620 (Construction Labor and Material Payment Bond).
8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the
address set forth below on the signature page .
I 0. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible
bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in
City of Cupertino Bid Form
City Holl Turf Reduction 00400 -1
EXHIBIT A
Contractor's Name: SCAPES' INC·
Project No. 2017-03
the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten
percent (I 0%) of the total of Base Bid and made payable to the "City of Cupertino".
11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in
Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520
(Contract). The undersigned B idder acknowledges that City has reserved the right to delay or modify the
commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform
independent work at the Site, the extent of such work may not be determined until after the opening of the Bids,
and that the undersigned Bidder will be required to cooperate with such other work in accordance with the
requirements of the Contract Documents.
12 . The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated
damages for failure to complete all Work in the Contract within the time specified in Document 00520
(Contract) shall be as set forth in Document 00520 (Contract).
City of Cupertino Bid Form
City Hall Turf Reduction 00400 -2
EXHIBIT A
Contractor's Name: __ S_CA_P_E_S_, _I_N_C_. __ _
Project No . 2017-03
NOTICE
Required Contractor and Subcontractor Registration [Applies
if Bid is submitted on or after March I, 2015 or if Contract is
awarded on or after April 1, 2015]
City of Cup ertino
1. Owner shall accept Bids only from Bidders that ( along
with all Subcontractors listed in Document 00430,
Subcontractors List) are currently registered and
qualified to perform public work pursuant to Labor
Code Section 1725.5 .
. Subj-e-crto-tabur eodeSect1on -77i-:1-(c) ancl-(o), any
Bid not complying with paragraph, above, shall be
returned and not considered; provided that if Bidder is a
joint venture (Business & Professions Code Section
7029.1) or if federal funds are involved in the Contract
(Labor Code Section 1771.l(a)), Owner may accept a
non-complying Bid provided that Bidder and all listed
Subcontractors are registered at the time of Contract
award.
Bid Fo rm
City Hall Turf Reduction 00400 -3
EXHIBIT A
Contractor's Name: __ S_C_A_P_E_S_, _I_N_C_. ____ _
Project No. 2017-03
SCHEDULE OF BID PRICES
All Bid items, including lump sums and unit prices, must be filled in completely. Quote in figures only, unless words are
specifically requested.
j '[~M.·
.·.: ::· .::,·;· :.;;::
COMPLETE THE WORK AS SHOWN IN
TI-lE PROJECT l\tlANUAL -
SPECIFICATIONS AND PLANS
Unit Legend
LS= Lump Sum
EA= Each
LF = Linear Feet
TON= Ton or 2,000 Pounds
CY = Cubic Yards
LB= Pounds
City of Cupertino
City Hall Turf Reduction
LS
AL = Allowance
SF = Square Feet
00400 -4
Bid Form
EXHIBIT A
Contractor's Name: __ S_C_A_P_E_S_, _I_N_C_. _____ _
Project No . 2017-03
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS
Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda:
Addendum No . Addendum Date
1 02/15 /2017
2 02/15/2017
3 02/21/2017
Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract
Documents for the sums of money listed in this Bid Form.
NAME OF BIDDER: ____ s_c_A_P_E_s_, _I_N_c_. ____________________ _
licensed in accordance with an act for the registration of Contractors, and with license number: _7_7_6_1_4 _7 _____ _
Expiration Date: 0 3 / 31 / 2 018
DIR Registration No.: IO O O O O 5 0 5 4
{}ALIFORNIA LANE L. POMS, PRESIDENT
Where incorporated, if appli cable
SCOTT H . POMS, VICE PRESIDENT
ec are) under penalty of perjury under the laws of the
NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, together with the
signature of the officer or officers authorized to sign contracts on behalfofthe corporation . If Bidder is a partnership, set
forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of
the partnership.
Business Address: 12344 SAN MATEO ROAD
Officers authorized to sign contracts:
Telephone Number(s):
Fax Number(s):
E-Mail Address :
City of Cupertino
City Ha ll Turf Reduction
HAT,F MOON BAY. CA 9401 9
LANE L. POMS
SCOTT H PQMS
Typed Full Name:
650-712-4460
650-712-4408
LANE@SCAPES.ORG, SCOTT@SCAPES.ORG
END OF DOCUMENT
Bid Form
00400 -5
EXHIBIT A
Project No . 2017-03
DOCUMENT 00430
REQUIRED SUBCONTRACTORS LIST
Bidder must provide the following Listed Subcontractor infonnation in conformance with the California Public Contract
Code where the value of the Subcontractor's work is or exceeds½ of one percent (.05%) of the Base Bid or ten thousand
dollars ($10,000), whichever is greater, on Document 00400. Failure to do so will render Bid Non Responsive.
Bidder is reminded that Listed Subcontractors cannot be substituted by the Apparent Low Bidder after Bid has been
submitted and opened, without City's formal approval.
Name of Subcontractor Description of Subcontractor's DIR Registration and Location of Place of
Business Work License No. Number
POMS LANDSCAPING, INC. LABOR 523855 1000002757
.\eMf ~·~r u I 0000 40'0 2,z., f 1-y<tSS" f.evi <.,i, tr.a rve,t.ech~;~
Attach additional sheets if necessary
City of Cupertino 00430 -1 Subcontractors List
City Hall Turf Reduction
EXHIBIT A
Project No. 2017-03
NOTICE:
Required Contractor and Subcontractor Registration [Applies if Bid is submitted on or after March
I, 2015 or if Contract is awarded on or after April 1, 2015}
1) Owner shall accept Bids only from Bidders that (along with all Subcontractors listed in Document
00430, Subcontractors List) are currently registered and qualified to perform public work pursuant
to Labor Code Section 1725 ,5.
2) Stibject to Labor Code Sections 1771.l(c) and (d), any Bid not complying with paragraph above,
shall be returned and not considered; provided that if Bidder is a joint venture (Business &
Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code
Section 1771.1 (a)), Owner may accept a non-complying Bid provided that Bidder and all listed
Subcontractors are registered at the time of Contract award.
END OF DOCUMENT
City of Cupertino 00430 -2 Subcontractors List
City Hall Turf Reduction
DOCUMENT 00481
NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106
EXHIBIT A
Project No. 2017-03
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
ST ATE OF CALIF0RN1A ) s All I ) ss
COUNTY OFUJV\. fvLft1'"t'd) .
~-L . Po m s , being first duly sworn,, deposes and says that he or she is p r.e SL a en+ [Office of Affiant] of S Cl f=f.e' 5 1 rn c... [Name of
Bidder), the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or
sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and
has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham
Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by
contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any
overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the
City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and
further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay , any fee to any corporation,
partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a
collusive or sham Bid.
Subscribed and sworn before me _______________________________ _
This ___ day of _______ , 20_
Notary Public of the State of ____________ _
In and for the County of ______________ _ See 11-fk.J J
My Commission expires _______________ _ (Seal)
(If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the
partnership or venture.)
(If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit
must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief
Financial Officer, or Assistant Treasurer.)
(If Bidder's affidavit on this form is made outside the State of California, the official position of the person
taking such affidavit shall be certified according to law.)
END OF DOCUMENT
City of Cupertino 00481 -I Non-Collusion Affidavit
City Hall Twf Reduction
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Mateo
Subscribed and sworn to (or affirmed) before me on this :2 9-
day of February , 20 r~. by
/-()l}e L, Pom.r
proved to me on the basis of satisfactory evidence to be the
person~ who appeared before me.
Signature U -k
EXHIBIT A
CITY OF
fl Project No. 2017-03
CUPERTINO INSURANCE AGREEMENT
A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires
every employer to be insured against li ability for worker 's compensation or undertake self-
insurance in accordance with the provisions of that Code, and wi ll comply with such provisions
before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors wi ll carry worker's compensation insurance for the
protection of its emp lo yees during the progress of the work. The insurer shall waive its rights of
subrogation against the City, the City 's officers, agents and employees and shall issue an
endorsement to the policy evidencing same.
C . Contractor shall carry at al l times, on all operations hereunder, commercial general liability
insurance, automobile liability insurance and builder's al l risk insurance. Al l insurance coverage
shal l be in amounts required by the City and shall be evidenced by the issuance of a certificate in a
form prescribed by the City and shall be underwritten by insurance companies satisfactory to the
City for all operations, sub-contract work, contractual obligations, product or completed operations,
all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor,
excepting worker 's compensation coverage , shall name the City, its engineer, and each of its
directors , officers , agents and emp loyees, as determined by the City , as additional insureds on said
policies. Insurers must be licensed to do business in the State of California. The Insurers must also
have an "A" policyholder's rating and a financia l rating of at least Class VII in accordance with the
current Best 's Guide Rating or that is otherwise acceptable to the City.
D . Before Contractor performs any work at , or prepares or delivers materials to , the site of
construction , Contractor shall furnish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide the name and policy number of each carrier and policy
and that the insurance is in force and will not be canceled or modified without thirty (30) days
written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in
force until the work under this Contract is fully completed. The requirement for carrying the
forego in g insurance sha ll not derogate from the provisions for indemnification of the City by
Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor
diminishing the obligations of Contractor with respect to the foregoing , Contractor shall maintain in
full force and effect during the life of this Contract, the following insurance in amounts not less than
the amounts specified and having a Best 's Gu id e Rating of A, Class VII or better or that is
otherwise acceptable to the City.
City of C upertino 005 30 · 2 In surance Form s
City Hall Turf Reduction
Proj ect N o . 2017-03
LIMITS
Worker 's Compensation
& Employers ' Liability
General Liability -commercial general liability ;
including provisions for contractual liability,
personal injury, independent contractors and
products -completed operations hazard.
Automobile Liability -comprehensive covering
owned, non-owned and hired automobiles.
In accordance with the Worker's Compensation
Act of the State of California -Worker 's comp
"statutory" per CA Law ; Employers ' Liability
$1 ,000 ,000 per occurrence.
Combined single limit of $2.0 million per
occurrence; $4.0 million in the aggregate
Combined single limit of $1.0 million per
occurrence.
SCAPES, INC.
(Contractor's Name)
Byb X~
L~L.POMS
Dated: 04/05 2017 ------------
C ity of C upe rtino 005 3 0 - 3 In s urance Forms
C it y Hall Turf Reduction
ACORD® CERTIFICATE OF LIABILITY INSURANCE I
DATE (MMIDD/YYYY)
~-04/05/2017
THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 1-800-851-7740 CONTACT Ella Exton (Account #145410) NAME:
Florists' Mutual Insurance Company/Hortica, PHONE 800-851 -7740 ext 1956 I FAX 866-819-9256 Florists' Insurance Services Inc IA/C No Extl : (A/C Nol:
PO Box 428 E-MAIL ella.exton@hortica .com ADDRESS:
1 Horticultural Lane
Edwardsville, IL 62025 INSURER(S) AFFORDING COVERAGE NAIC#
Nicole Akemon INSURER A : FLORISTS MUT INS CO 13978
INSURED INSURER B : WESCO INS CO 25011
Poms Landscaping Inc dba: Poms Landscaping;
INSURER C : Scapes Inc dba: Scapes Landscape Company
12344 San Mateo Road INSURER D :
Half Moon Bay, CA 94019 INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 49561687 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLI CY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR COND ITI ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE IS SUED OR MAY PERTAIN , THE INS URANCE AFFORDED BY THE POLICIES DE SC RIBED HEREIN IS SUBJECT TO ALL THE TERMS ,
EXC LUSION S AND COND ITI ONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR ,~3rJg~l ,~3rc1%M~i LTR TYPE OF INSURANCE ,.,~n Wl'n POLICY NUMBER LIMITS
A GENERAL LIABILITY BP 09738 11 /15/H 11/15/17 EAC H OCC URR EN CE $1,000,000 -DAMAGE TO RENTEO X COMM ERC IAL GENERAL LI AB ILIT Y PREMISES (Ea occu rrence) $1,000,000 -D CLAIMS-MAOE 0 OCCUR MED EXP (A ny one pe rso n) $ 5,000
PERSONAL & ADV INJU RY $1,000,000 -
GENERA L AGGREGATE $2 ,000,000 -
GEN'L AGGREGATE LIMIT APP LI ES PER : PROD UCTS -COMP/OP AGG $2,000,000 n POLICY !Xl P,tR-i n LOC $
A Al ITQMO,J!J.L.EJJABJJ.'~ ""~ O OJiJl 7 4 11 /15/H 11/15/17 COM BINE D SINGLE LI MI T ~ ~ , o-o·o-;-o·o-v Ea acc1cfent ~
X ANY AU TO BODIL Y INJU RY (Pe r person) $
~ ALL OWNED -SC HEDU LED BODILY INJURY (Per acci dent) $
~ AUTOS -AU TOS
X X NON-OWNED PROP ERTY DAMAGE $ HIRE D AUTOS AU TOS (Per accide nt\ ~
$
A X UMBRELLA LIAB H OCCUR
EX 09350 11/15/lE 11/15/17 EAC H OCCURRENCE $5 ,000,000 -
EXCESS LIAB CLA IMS-MADE AGGREGATE $5,000,000
OED I X I RETENTI ON$ 10,000 $
B WORKERS COMPENSATION WWC3260977 03 /01/1 03/01/18 X I T~gJ TtJ#;; I I OTH-ER AND EMPLOYERS ' LIABILITY Y/N
ANY PROPRIET OR/PARTNER/EXECUTIVE D EL EACH ACC IDE NT $1,000,000
OFFICE R/M EMBER EXCLUDED? N/A
(Mandatory in NH) EL DISEASE -EA EMPLOYEE $1,000,000
If yes, descri be under
DESCRIPTION OF OPERAT IONS below EL DISEASE -POLICY LIMIT $1,000,000
A Pe~t1c1ae;Hero1c1ae BP 09738 11/15/lt 11/15/17 Per Occurrence 1,000,000
Applicator Coverage Aggregate 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required)
The City of Cupertino ("City") and its directors , officers , engineers, agents and employees , and all public agencies
from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the
State of California, and its officers, agents and employees, are listed as their interests may appear per attached
forms LCA 2031 (07/12), CG 2503 (05/09), ILFMOl (01/12), CA 2048 (10/13), AMA -WOS-CA (01/15) and WC040306 (01/84)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE
ACCORDANCE WITH THE POLICY PROVISIONS .
WILL BE DELIVERED IN
10300 Torre Avenue AUTHORIZED REPRESENTATIVE y~
Cupertino, CA 95014
I USA
© 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
eexton
49561687
POLICY NUMBER: BP o 9 7 3 8 COMMERCIAL GENERAL LIABILITY
L CA 20 31 07 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA CONTRACTORS BLANKET ADDITIONAL INSURED ·
WHEN REQUIRED BY WRITTEN CONTRACT
ONGOING & COMPLETED OPERATIONS-BLANKET WAIVER OF SUBROGATION-PRIMARY & NONCONTRIBUTORY
This endorsement modifies insurance provided under the following :
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE (optional -see Paragraph A.)
Name Of Person(s) Or Organization(s)
as required by "written contract":
The City of Cupertino ("City") and its
directors, officers, engineers, agents and
employees, and all public agencies
from whom permits will be obtained
and their directors, officers, engineers,
agents and employees, and the
State of California, and its officers,
agents and employees
A . ADDITIONAL INSURED -CONTRACTORS
SECTION II -WHO IS AN INSURED is amended to
include as an additional insured any person(s) or or-
ganization(s) you are required by a "written contract"
to add as an additional insured on this Coverage
Part.
The "written contract" requ irement for additional in-
sured status is automatically fulfilled for any addi-
tional insured shown in the Schedule above .
However:
1. If an additional insured(s) is a builder , general
contractor or contractor not affiliated with the
builder ; and
Location(s) And Description of Covered Operations
per the "written contract":
10300 Torre Avenue, Cupertino, CA 95014
2. You have entered into a residential construction
contract subject to the requirements of California
Civil Code Section 2782(c) with such builder or
contractor;
then such bu ilder or contractor is an additional in-
sured under this endorsement but only to the extent
of the liability for "bodily injury", "property damage"
or "personal and advertising injury" that you have
assumed in the residential construction contract with
that party .
B. Coverage provided to such additional insured(s) is
limited as follows :
L CA 20 31 07 12 Florists ' Mutual Insurance Company -Edwardsville , Illinois Page 1 of 3
Includes copyrighted material of Insurance Services Office , Inc ., with its permission.
1. ONGOING OPERATIONS:
Such person(s) or organization(s) is an addi -
tional insured only with respect to liability for
"bodily injury", "property damage" or "personal
and advertising injury" caused , in whole or in
part, by:
(a) Your acts or omissions; or
(b) The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
as specified in the "written contract".
2. COMPLETED OPERATIONS:
(a) Such person(s) or organization(s) is an addi-
tional insured with respect to liability includ-
ed in the "products-completed operations
hazard " for "bodily injury" or "property dam-
age" caused , in whole or in part, by "your
work " only if:
i. The "written contract" requires you to pro -
vide the additional insured such cover-
age; and
2. The rendering of, or the failure to render, any
professional architectural , engineering or sur-
veying services , including :
(a) The preparing , approving , or failing to pre-
pare or approve, maps, shop drawings ,
opinions , reports , surveys , field orders ,
change orders or drawings and specifica-
tions; or
(b) Supervisory, inspection , architectural or
engineering activities .
This exclusion applies even if the claims against any
insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitor-
ing of others by that insured, if the "occurrence"
which caused the "bodily injury" or "property dam-
age", or the offense which caused the "personal and
advertising injury", involved the rendering of, or the
failure to render, any professional architectural, en-
gineering or surveying services .
D. ADDITIONAL INSURED · LIMITS
With respect to the insurance afforded to these addi-
ii. "Your work" included in th e "p rod ucts-tional insureds , the following is added to SECTION
completed operations hazard" is limited Ill_ LIMITS OF INSURANCE:
to the location designated and described
in the "written contract". The most we will pay on behalf of the additional in -
sured is the amount of insurance: (b) Such coverage for the additional insured
ends at the earliest of the following : 1. Required by the "written contract"; or
i. The date specified in the "written con-2. Available under the applicable Limits of lnsur-
---------tfaG "; eF-----------------..,..r:ice-sl:low r:+-ir:i-the-Oeclaratior:is~; ----------
ii. Five years from the completion of "your whichever is less.
work " included in the "products-This endorsement shall not increase the applicable
completed operations hazard" as desig-Limits of Insurance shown in the Declarations.
nated and described in the "written con-
tract ".
3. Coverage provided to such additional insured(s)
described in Paragraph A is limited as follows :
(a) The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
(b) Will not be broader than the lesser of what
is afforded to you under this Coverage Part
or that which you are required by the "writ-
ten contract" to provide for the additional
insured .
(c) Does not apply to any person(s) or organi-
zation(s) covered as an additional insured
on any other endorsement attached to this
Coverage Part.
C. ADDITIONAL INSURED · EXCLUSIONS
With respect to the insurance afforded to these addi-
tional insureds , the following additional exclusions
apply:
This insurance does not apply to :
1. The sole negligence of the additional insured.
E. ADDITIONAL INSURED -PRIMARY AND
NONCONTRIBUTORY
SECTION IV COMMERCIAL GENERAL
LIABILITY CONDITIONS, 4 . OTHER INSURANCE
is amended for the additional insured by the addition
of the following , superseding any provision to the
contrary:
If required by "written contract", this insurance is
primary to and will not seek contribution from any
other insurance maintained by an additional insured
under your policy if the additional insured is a
Named Insured under such other insurance.
F. ADDITIONAL INSURED -DUTIES:
SECTION IV COMMERCIAL GENERAL
LIABILITY CONDITIONS 2. DUTIES IN THE
EVENT OF OCCURRENCE , OFFENSE , CLAIM
OR SUIT are amended to add the following
conditions applicable to the additional insured:
An additional insured under this endorsement will
as soon as practical :
1. Give us written notice of an "occurrence " or an
offense which may result in a claim or "suit"
under this insurance .
L CA 20 31 07 12 Florists' Mutual Insurance Company -Edwardsville , Illinois Page 2 of 3
Includes copyrighted material of Insurance Services Office , Inc ., with its permission .
2. Provide us any written documentation which
triggered additional insured status or waiver of
recovery rights .
3. Provide us copies of all legal papers received
and otherwise cooperate with us in the investi-
gation , defense or settlement of the claim or
suit".
We have no duty to defend or indemnify an addi -
tional insured under this endorsement until we re-
ceive written notice of a claim or "suit" from the ad-
ditional insured.
G. ADDITIONAL INSURED -DEFINITIONS:
SECTION V -DEFINITIONS is amended for this
endorsement by the addition of the following :
1. "Written contract" means a written contract or
written agreement that requires you to make a
person or organization an additional insured on
this Coverage Part , provided the written
contract or written agreement:
(a) Is effective during the term of this Cover-
age Part ; and
(b) Was signed by you prior to the "bodily inju -
ry ", "property damage" or "personal and
advertising injury " offense applicable to
this Coverage Part ; and
(c) Pertains to your ongoing operations or
"your work" included in the "products-
completed operations hazard " for the addi-
tional insured .
2. The definition of "insured contract" is modified
for the additional insured as follows :
Paragraph f . of the "insured contract " definition
does not apply to "bodily injury " or "property
damage" included within the "products -com-
pleted operations hazard " unless required by
the "written contract".
H. BLANKET WAIVER OF SUBROGATION
SECTION IV COMMERCIAL GENERAL
LIABILITY CONDITIONS , 8. Transfer Of Rights Of
Recovery Against Others To Us is amended by
the addition of the following :
We waive any right of subrogation we may have
against any person(s) or organization(s) with whom
you have signed a written contract or written agree-
ment that requires such a waiver .
This waiver applies only if the written contract or
written agreement is :
1. Signed by you prior to the "bodily injury ", "prop-
erty damage " or "personal and advertising inju-
ry " offense applicable to this Coverage Part
and ;
2. Effective during the term of this Coverage Part
and is an "insured contract" and ;
3. Applicable to your ongoing operations or "your
work " included in the "products-completed op-
erations hazard ".
L CA 20 31 07 12 Florists' Mutual Insurance Company -Edwardsville, Illinois Page 3 of 3
Includes copyrighted material of Insurance Services Office , Inc ., with its permission .
POLICY NUMBER : BP 09738 COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s): City Hall Turf Reduction
Project Number 2017-03
10300 Torre Avenue, Cupertino, CA 95014
Information required to complete this Schedule , if not shown above , will be shown in the Declarations.
A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for
obligated to pay as damages caused by "occur-damages or under Coverage C for medical
rences" under Section I -Coverage A, and for all expenses shall reduce the Designated Con-
medical expenses caused by accidents under struction Project General Aggregate Limit for
------~eetion-t-=-eoverage-e,whic h-car,be-attribate r+------+harctesignate-c:J-constrrrctiur,projec . &rc·l.------
only to ongoing operations at a single designated payments shall not reduce the General Ag-
construction project shown in the Schedule gregate Limit shown in the Declarations nor
above: shall they reduce any other Designated Con-
1. A separate Designated Construction Project struction Project General Aggregate Limit for
General Aggregate Limit applies to each des-any other designated construction project
ignated construction project , and that limit is shown in the Schedule above.
equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each
Limit shown in the Declarations . Occurrence, Damage To Premises Rented To
2. The Designated Construction Project General You and Medical Expense continue to apply .
Aggregate Limit is the most we will pay for the However , instead of being subject to the
sum of all damages under Coverage A, ex-General Aggregate Limit shown in the Decla-
cept damages because of "bodily injury" or rations, such limits will be subject to the appli-
"property damage" included in the "products-cable Designated Construction Project Gen-
completed operations hazard", and for medi-eral Aggregate Limit.
cal expenses under Coverage C regardless of
the number of:
a. Insureds ;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
CG 25 03 05 09 © Insurance Services Office , Inc ., 2008 Page 1 of 2 0
B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section I -Coverage A, and for all
medical expenses caused by accidents under
Section I -Coverage C, which cannot be at-
tributed only to ongo ing operat ions at a single
designated construction project shown in the
Schedule above :
1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit , whichever is applicable ; and
2. Such payments shall not reduce any Desig -
nated Construction Project General Aggre -
gate Lim it.
C. When coverage for liability arising out of the
"products -completed operati ons hazard" is pro -
vided , any payments for damages because of
"bodily injury " or "property damage" included in
the "products-completed ope rations hazard" will
reduce the Products-completed Operations Ag-
gregate Lim it , and not reduce the General Ag-
gregate Limit nor the Designated Construction
Project General Aggregate Limit.
D. If the applicable designated construction project
has been abandoned , delayed , or abandoned
and then restarted, or if the authorized contract-
i ng parties deviate from plans , blueprints , de -
signs , specifications or timetables , the project will
still be deemed to be the same construction pro -
ject.
E. The provisions of Section Ill -Limits Of Insur-
ance not otherwise modified by this endorsement
shall continue to apply as stipulated.
Page 2 of 2 © Insurance Serv ices Office , Inc ., 2008 CG 25 03 05 09 D
POLICY NUMBER: BP 0 973 8 IL FM 01 01 12
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION
FOR DESIGNATED PERSON(S) OR ORGANIZATION(S)
This endorsement modifies insurance provided under the following :
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE OF PERSON(S) OR ORGANIZATION(S)
Name and Mailing Address:
City of Cupertino
10300 Torre Avenue
Cuper tin o , Cal i fornia 95014
Should this policy be cancelled , as a courtesy to you we
agree to send by first-class mail a copy of your written
notice of cancellation to the mailing address of the per-
son(s) or organization(s) listed in the Schedule above .
These scheduled entities requested such notice and
their names and addresses were provided to us by you ,
your additional insured or your agent.
Cancellation notices for any statutorily permitted reason
other than non-payment of premium will be mailed the
number of days shown in the Schedule above.
Cancellation notices for non-payment of premium will be
mailed at least ten days prior to the effective date of
cancellation .
If notice is mailed , proof of mailing to the address shown
in the Schedule above will be sufficient proof of notice .
In no event will notice of cancellation be less than the
Number of Days' Notice
Prior to Effective Date of
Cancellation:
30
minimum number of days required by the jurisdict ion to
which this endorsement applies .
Our obligation to send notice to the person or organiza-
tion listed in the Schedule above will terminate at the
earlier of the current policy period expiration or when
you no longer have a legal or contractual obligation to
such person or organization to maintain insurance cov-
erage under a policy which requires that such person or
organization be notified in the event of cancellation .
Failure by us to mail such notice will not impose liability
of any kind upon us or our agents , nor will it amend or
extend the date the cancellation becomes effective , nor
will it negate cancellation of the policy .
All other terms and conditions of this policy remain un-
changed.
ILFM010112 Florists' Mutual Insurance Company -Edwardsville , Illinois Pag e 1 of 1
Includes copyrighted material of Insurance Services Office , Inc ., with its permission .
POLICY NUMBER: FMA 006874 IL FM 01 01 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION
FOR DESIGNATED PERSON(S) OR ORGANIZATION(S)
This endorsement modifies insurance provided under the following :
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE OF PERSON(S) OR ORGANIZA TION(S)
Name and Mailing Address:
City of Cupertino
10300TorreAvenue
Cupertino, California 95014
Should this policy be cancelled , as a courtesy to you we
agree to send by first-class mail a copy of your written
notice of cancellation to the mailing address of the per-
son(s) or organization(s) listed in the Schedule above .
These scheduled entities requested such notice and
their names and addresses were provided to us by you ,
your additional insured or your agent.
Cancellation notices for any statutorily permitted reason
other than non-payment of premium will be mailed the
number of days shown in the Schedule above.
Cancellation notices for non-payment of premium will be
mailed at least ten days prior to the effective date of
cancellation .
If notice is mailed , proof of mailing to the address shown
in the Schedule above will be sufficient proof of notice .
In no event will notice of cancellation be less than the
Number of Days' Notice
Prior to Effective Date of
Cancellation: 30
minimum number of days required by the jurisdiction to
which this endorsement applies.
Our obligation to send notice to the person or organiza-
tion listed in the Schedule above will terminate at the
earlier of the current policy period expiration or when
you no longer have a legal or contractual obligation to
such person or organization to maintain insurance cov-
erage under a policy which requires that such person or
organization be notified in the event of cancellation .
Failure by us to mail such notice will not impose liability
of any kind upon us or our agents , nor will it amend or
extend the date the cancellation becomes effective, nor
will it negate cancellation of the policy .
All other terms and conditions of this policy remain un-
changed.
ILFM010112 Florists' Mutual Insurance Company -Edwardsville, Illinois Page 1 of 1
Includes copyrighted material of Insurance Services Office , Inc ., with its permission .
POLICY NUMBER: FMA oo6B74 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage
under the Who Is An Insured provision of the Coverage Form . This endorsement does not alter coverage
provided in the Coverage Form .
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured: Poms Landscaping Inc dba : Poms Landscaping;
Scapes Inc dba: Scapes Landscape Company
Endorsement Effective Date: 11 ;1s/16
SCHEDULE
Name Of Person(s) Or Organization(s):
The City of Cupertino {"City") and its directors, officers, engineers, agents and employees, and all
public agencies from whom permits will be obtained and their directors , officers , engineers, agents
and employees, and the State of California, and its officers, agents and employees
Information required to complete this Schedule , if not shown above , will be shown in the Declarations .
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies
as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II -
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I -Covered Autos
Coverages of the Auto Dealers Coverage Form .
CA 20 4810 13 © Insurance Services Office , Inc ., 2011 Page 1 of 1
POLICY NUMBER: FMA 006014
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
(WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement , the provisions of the Coverage Form apply unless modi-
fied by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured: Poms Landscaping Inc dba: Poma Landscaping;
Scapes Inc dba: Scapes Landscape Company
Endorsement Effective: 11;1s/16
SCHEDULE
Name Of Person(s) Or Organization(s):
The City of Cupertino ("City") and its directors, officers, engineers, agents and employees,
and all public agencies from whom permits will be obtained and their directors, officers, engineers,
and employees, and the State of California, and its officers , agents and employees
Additional Premium I$
Information required to complete this Schedule , if not shown above , will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organ-
ization(s) shown in the Schedule , but only to the extent that subrogation is waived prior to the "accident" or the
"loss " under a contract with that person or organization .
FLORISTS ' MUTUAL INSURANCE COMPANY
Edwardsville, IL
AMA-WOS-CA (01 /15)
Includes copyrighted material of Insurance Services Office , Inc., with its permi ssion .
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us .)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers ' compensation premium
otherwise due on such remuneration.
Schedule
Any person or organization as required by written contract.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated .
Endorsement Effective 3/1/2017 Policy No . \/WI/C3260977
Insured
Insurance Company
Scapes Inc . (A Corp)
Wesco Insurance Company
Countersigned by
Endorsement No . WC040306
Premium$
DO CU M ENT 00610
CONSTRUCTION PERFORMANCE BOND
Project No. 20 I 7 -03
Bond #CSB0016821
Pre mium : $4,345 .0 0
THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated March 22 , 20 17
Two Hundred Twenty Two Thousand Dollars ($223 ,000.00)
is in the penal s um of
_________________________ [which is one hundred percent of the Contract Price],
a nd is entered into by a nd be tw ee n the parties listed be low to ensure the faithful performance of the Construction
Co ntract listed be lo w. This Bond con s ists of thi s page and th e Bond Terms and Conditions , paragra ph s I tlu·ough 12,
attached to thi s page. Any sin g ular reference to Sc apes, Inc ("Contractor"),
Contractors Bonding and In surance Company ("Surety"), the City of Cupertino , a Municipal Corporation of the
State of Ca liforni a ("City") or other party shall be considered plural where app lic able.
CONTRACTOR:
Scapes, Inc
Name
12344 San Mateo Road
Address
Half Moon Bay, CA 94019
City/State/Zip
CONSTRUCT ION CONTRACT:
at Cupertino, Ca liforn ia.
DA TED March 23
CONTRACTOR AS PRINCIPAL
SURETY:
Contractors Bonding a nd Insurance Company
Name
250 Montgomery Street , Suite 720
Principal Pl ace of Business
San Francisco , CA 94104
City/State/Zip
CITY HALL TURF REDUCTION
PROJECT NUMBER 2017-03
, 2 0 2Z_ in the Amount of $_2_2_3,_o_o_o_.o_o _________ (the "Penal Sum")
SURETY
Co mpany: (Corp. Seal) ~
Scapes, Inc~ ~
Signature: /JJl._,t_. ~
Name and TJL WJ§f-L f o y(} S' 1 Name and Title : David Weise , Attorney-In-Fact
(£_5· 1·-t
BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severa lly , bind them se lves , their heirs, executors , administrators , successors
and assigns to C ity for the complete and prop er performance of th e Co nstruction Contract, which is
incorporated h ere in by reference .
2. If Contractor comp lete ly a nd properly performs a ll of its obligations und er the Co nstruction Contract, Surety
and Contractor sh a ll have no obligation under thi s Bond.
3 . If there is no C ity Defa ult, Surety 's obli gation und er thi s Bond shall arise afte r :
3.1 C ity has d ec lared a Contractor Defa ult under th e Construction Contract purs ua nt to the term s of the
Co n struction Co ntract ; and
3.2 C ity has agreed to pay the Balance of th e Co ntract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and th e Co nstru ction Co ntra ct; or
C ity of C up ertin o 006 10 -I Construction Performan ce Bo n d
C ity Ha ll Turf Reduction
Project No . 20 17-0 3
3 .2 .2 To a contractor selected to pe1form the Construction Contract in accordance with the terms of this
Bond and the Construction Contract.
4 . When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety 's
expense e lect to take one of the following actions:
4.1 Arrange for Contractor, with consent of City , to perform and complete the Construction Contract (but
City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2 ,
4 .3 or 4.4, below); or
4 .2 Undertake to perform and complete the Construction Contract itself, through its agents or through
independent contractors; provided , that Surety may not select Contractor as its agent or independent
contractor without City's consent; or
4.3 Unde1take to perform and complete the Construction Conh·act by obtainin g bids from qualified
contractors acceptable to City for a conh·act for performance and comp let ion of the Construction
Contract, and , upon determination by City of the lo west re sponsible bidder, atTange for a contract to be
prepared for execution by City and the contractor selected with City's concmTence, to be secured with
performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the
Construction Conh·act; and , if Surety 's obligations defined in paragraph 6, below, exceed the Balance of
the Contract Sum , then Surety shall pay to City the amount of such excess; or
4.4 Waive its right to perform and comp lete , arrange for completion , or obtain a new conh·actor and with
reasonable promptness under the circumstances , and , after investigation and consultation with City,
determine in good faith its monetary obl igation to City under paragraph 6, below, for the performance
and comp letion of the Construction Contract and, as soon as practicable after the amount is determined ,
tender payment therefor to City with full explanation of the payment 's calcu lation . If City accepts
-----------~-.ure~s_te.nder.....und.eLthi.s.....paragraplwL4.,-Ci.cy.....may-stilLholcLS.w:ety-liab.le-f.ot:-future-daniag.es heni-----
unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's
tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's
liability under paragraph 6, below.
5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on
this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety
perfonn its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to
City at law or under the Constructio n Conh·act including, without limitation, and by way of examp le only, rights
to perform work, protect work, mitigate damages, advance critical work to mitigate sched ule delay , or
coordinate work with other consultants or contractors.
6. Surety 's monetary ob li gation under this Bond is limited by the Amount of thi s Bond identified herein as the
Penal Sum . Thi s monetary ob li gation shall augment the Balance of the Contract Sum. Subject to these limi ts ,
Surety 's obligations under this Bond are commensurate with the obligations of Contractor under the
Consh·uction Contract. Surety's obligations shall include , but are not limited to:
6.1 The responsibilities of Contractor under the Construction Conh·act for completion of the Construction
Contract and conection of defective work;
6.2 The responsibilities of Conh·actor under the Construction Conh·act to pay liquidated damages, and for
damages for which no liquidated damages are specified in the Construction Contract, actual damages
caused by non-perfonnance of the Construction Conh·act including, but not limited to, all va lid and
proper backcharges, offsets, payments , indemnities , or other damages ;
6.3 Additional legal , design profe ss ional and del ay costs resulting from Conh·actor Default or resulting from
the actions or failure to act of the Surety under paragrap h 4, above (but exc luding attorney's fees incmTed
to enforce this Bond).
7 . No right of action s hall accrue on this Bond to any perso n or entity other than City or it s s uccessors or assigns .
City of Cupe rtino 006 I O -2 Co nstru ction Perfo rmanc e Bond
City Hall Turf Reduction
Project N o.2017-03
8. Surety hereby waive s notice of any change, alteration or addition to the Construction Contract or to related
subcontracts, purchase orders and other obligations , including changes of time . Surety consents to all terms of
the Con struction Contract, including provisions on changes to the Contract. No extension of time , change,
alterat ion , modification, deletion , or addition to the Contract Documents, or of the work required thereunder,
shall release or exonerate Surety on this Bond or in an y way affect the obligations of Surety on this Bond.
9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jw·isdiction
where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the
courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is
located . Communications from City to Surety under paragraph 3 .1 of this Bond shall be deemed to include the
necessary contracts under paragraph 3.2 of this Bond unles s expressly stated otherwi se.
10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of
this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract).
Actua l receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as
of the date received at the foregoing addresses.
11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted
herefrom and provisions conforming to s uch statutory requirement shall be deemed incorporated herein .
12. Definition s .
12 .1 Balance of the Contract Sum : The total amount payable by City to Contractor pursuant to the term s of the
Con struction Contract after all proper adjustments have been made under the Construction Contract, for
example, deductions for progress payments made , and increases/decreases for approved modifications to
the Construction Contract.
12 .2 Construction Contract: The contract between City and Contractor identified on the signature page of this
Bond , including all Contract Docume nt s and changes thereto .
12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived , to
perform or otherwise to comply with the terms of the Construction Contract including, but not limited to ,
"default" or any other condition allowing a tem1ination for cause as provided in Document 00700
(General Conditions).
12.4 C ity Default: Material fai lure of City, which has neither been remedied nor waived , to pay Contractor
progress payments due under the Construction Contract or to perform other material terms of the
Construction Contract, if such failure is the cause of the asserted Contractor Defau lt and is sufficient to
justify Contractor termination of the Construction Contract.
END OF DOCUMENT
C ity of C up e rtino 00610 -3 Con s tru c ti o n P e rform a nce Bo nd
C ity Ha ll T urf Redu c ti o n
California All Purpose Acknowledgment
A notary public or oth er o ffi cer co mple ting this certifi c a te verifies on ly the ide ntity o f th e indi vidual w h o sig n ed th e
document to wh ich thi s certificate is attached, and not th e truthfulness, accuracy, or val id ity of that document.
State of
County of
California
Sacramento
On __ M_ar_c_h_2~3_,~2~0~11~----, before me, Lynn Patton , Notary Public
Date Name & Titl e of O ffi cer/Notary
personally appeared David Weise ---------------------------Names(s) of Signers(s)
who prov ed to me on the basis of satisfactory evidence to be the person-f5-}-whose
name-f5-}-is/EUB subscribed to the within instrument and acknowledged to me that
he/me/me-y executed the same in hi s/RBf/#:te+F authorized capacity-f+e5-t--,-and that by
his/Ref/#:te+F signature-f5-}-on the instrument the person-f-5-t-, or the entity upon behalf of
which the person-{-5--}-acted, executed the instrument .
I certify under PENALTY O F PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct .
LYNN PATTON
WITNESS my hand and official seal.
~
Notary Public -California
i Sacramento County i
z Commission# 2170815 ~ J. 0 0 0 0 .Ml goTT· Jxgir:s.o!c J}&2eE
---------,OPTIONAL---------
{The information below is not required by low)
Description of Attached Document
Title/type of Document
Date of Document No. of Pages -----------------------
Other Sig ner(s)
h: \docs \s u rety\forms \notary . doc
-. t .> ~ _·.rt:::.·,•."-:1
~· : ~· ·~ ..
-.-•.• ~. ~t.,'t"' '." .. , .• _...,, :...-·''"\
DOCUMENT 00620
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
Project No.2017-03
Bond #CSB0016821
Premium included in
Performance Bond
THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond ") is dated March 22, 2017 , is in the
penal sum Two Hundred Twenly Two Thousand Dollars ($223,000.00)
[one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the
payment of claimants under the Construction Contract listed below . This Bond consists of this page and the Bond Terms
and Conditions , paragraphs l through 14, attached to this page. Any singular reference to
Scapes, Inc ("Contractor"), Contractors Bonding and Insurance Company
("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be
considered plural where applicable.
CONTRACTOR:
Scapes, Inc
Name
12344 San Mateo Road
Address
Half Moon Bay, CA 94109
City/State/Zip
CONSTRUCTION CONTRACT:
at Cupertino, California.
SURETY:
Contractors Bonding and Insurance Company
Name
250 Montgomery Street, Suite 720
Principal Place of Business
San Fransisco, CA 94104
City/State/Zip
CITY HALL TURF REDUCTION
PROJECT NUMBER 2017-03
-------r,1 ,\~'eh-23------, "'··0-1:7 m tne1\:moun o I$_22_·3";i:J_,_"l:>_t)7t)_. _"l:> _________ (tlie enal um
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) ;A
~capes, In y /vu,,,, c,JJ
Signature:~~ ~
N,m 'l'NI'~~ C f (/ms
Company: orp. Se~) -
~ontractory B nding n , Insu an \J'C&npc>.n y
Signature: ~ C ~ J°"-]
Name and Title: David Weise, Attorney-In-Fact
BOND TERMS AND CONDITIONS
I. Contractor and Surety, jointly and severally, bind themselves , their heirs, executors, administrators, successors
and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the
performance of the Construction Contract, which is incorporated herein by reference.
2. With re s pect to City, this obligation shall be null and void if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and
2.2 Defends, indemnifies and holds hannless City from all claims , demands, lien s or suits by any person or
entity who furnished labor, material s or equipment for use in the performance of the Construction
Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the
signature page of this Bond) of any claims, demands, lien s or suits and tendered defense of such
claims , demands , liens or suits to Contractor and Surety, and provided there is no City Default.
3. With re spect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly
or indirectly through it s Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors ,
however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due
under the Un e mployment In s urance Code with respect to Work or labor performed under the Contract, or for
City of Cup ertino 00620 -I Construction Labor and Material Payment Bond
City 1--Ial I Turf Reduction
4.
5.
6.
7.
8.
Project No . 20 17-03
any amounts requ ir ed to be d educted, withheld, and paid over to the Emp lo yment Development Department
from the wages of employees of Contractor or Subconh·actors pursuant to Section 13020 of the Unemployment
Insurance Code , with respect to such Work and labor, then Surety shall pa y for the same , and also, in case s uit
is brought upon thi s Bond, a reasonable attorney's fee, to be fixed by the court .
Consistent with the California Mechanic's Lien Law, C ivil Code §3082, et seq., Surety shall have no obligation
to Claimants under this Bond unles s the Claimant has satisfied all applicable notice requirements.
Surety 's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited
for any payments made in good faith by Surety under this Bond.
Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under
any Consh·uction Performance Bond and seco nd , to satisfy obligations of Conh·actor and Surety under this
Bond.
City shall not be liable for payment of any costs, expenses , or attorney's fees of any Claimant under this Bond,
and shall have under this Bond no obligations to make payments to , give notices on behalf of, or otherwise have
obligations to Claimants under this Bond .
Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Construction Conh·act, or to the Work to be
perforn1ed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying
the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of
notice or any s uch change, extension of time, alteration or addition to the terms of the Construction Contract or
to the Work or to the Specifications or any other changes.
_______ 9,__ __ ~S~i i~i1~a""Eg;~a~i o~s~1~S~i icet¥-on-this Bond may_b.e...b.i:o.ughLh-¥-a~la.i.mau.t,....or-i.ts-assigns,..at..ai:1Y-tim~fteJ:-tl:i~la.iman.,_ ___ _
10 .
l I.
12.
13.
has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before
the expiration of s ix months after the period in which stop notices may be filed as provided in Civi l Code
§3184.
All notices to Surety or Conh·actor shall be mailed or delivered (at the address set fo1ih on the signature page of
this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract).
Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be s ufficient compliance as
of the date received at the foregoing addresses.
This Bond has been furnished to comply with the Ca lifornia Mechanic 's Lien Law including, but not limited to ,
Civil Code §§3247, 3248, et seq. Any provi sion in this Bond conflicting with sai d statutory requirements shall
be deemed deleted herefrom and provision s conforming to s uch statutory or other legal requirements sha ll be
deemed incorporated herein . The intent is that this Bond sha ll be construed as a statutory bond and not as a
common law bond .
Upon requ est by any person or entity appearing to be a potential ben eficiary of this Bond, Contractor shall
promptly furnish a copy of this Bond or shall permit a copy to be made.
Contractor shal l pay to person s performing labor in and about Work provided for in the Contract Documents an
amount equal to or more than the general prevai lin g rate of per diem wages for (1) work of a similar character
in the locality in which the Work is performed and (2) lega l holiday and overtime work in said locality . The per
diem wages shall be a n amount equal to or more than the stipulated rates contained in a schedule that has been
ascertained a nd determined by the Director of the State Department of Indu strial Relations and City to be the
general prevai ling rate of per diem wages for each craft or type of workman or mechanic needed to execute this
Contract. Contractor sha ll also cause a copy of th is determination of the prevai lin g rate of per diem wages to be
posted at each Site.
C ity of Cupertino 0062 0 -2 Construction Labor and Material Payment Bond
C ity H a ll Turf Reduction
Project N o. 201 7-03
14 . Definitions.
14 .1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of
Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as
further defined in California Civil Code §3181. The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment" that part of water, gas , power, light, heat, oil ,
ga soline, telephone service or rental equipment used in the Construction Contract, architectural and
engineering services required for perfonnance of the Work of Contractor and Contractor's
Subcontractors, and all other items for which a stop notice might be asse1ted . The tenn Claimant shall
also include the Unemployment Development Department as referred to in Civil Code §3248(b).
14.2 Construction Contract: The contract between City and Contractor identified on the signature page of
thi s Bond, including all Contract Documents and changes thereto .
14.3 City Default: Material failure of City, which has neither been remedied nor waived , to pay the
Contractor as required by the Construction Contract, provided that failure is the cause of the failure of
Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract.
END OF DOCUMENT
C ity of C upertino 00620 -3 C on s truction La bor a nd Ma te ri a l P ay me nt Bond
C ity H a ll T ur f Re du ction
California All Purpose Acknowledgment
A no tary public o r o th e r o ffi cer comple ting this certifi c ate ve rifi es o nl y th e id e ntity o f th e indi vidual w ho sign e d th e
docu m e nt to w hi c h this certifi ca te is attac h e d , a nd no t th e truthf ulness, a cc ura cy, or va li d it y o f th a t docume nt.
State of
County of
California
Sacramento
On __ Ha_r_c_h_2_3..c....,_2_0_11 _____ , before me, Lynn Patton, Notary Public
Date Name & Titl e o f O ffi cer/No tary
personally appeared Da v id Weise --------------------------Names (s) o f Sig ne rs(s)
who proved to me on the basis of satisfactory e v idence to be the personf5+ whose
namef5+ is/eIB subscribed to the within in strument and ac know ledg e d to me that
he/5Ae/me-y e xe c uted the same in hi s/Aef/-f-1::IBH: authorized capacityf+e5+, and that b y
his/Aef/-f-1::IBH: signaturef5+ on the instrument the personf&t, or the entity upon behalf of
which the p erson fs± acted, e x ecuted the instrument.
I certify under PENALT Y OF PERJUR Y under the la ws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. a LYNN PATT ON
_ Notary Publi c · Californi a
~ Sacrame nto Cou nty f
z Comm iss ion# 21708 15 .. J. o , o o ,Ml go2'T,Jxf17su°!cJ,}~2&E
--------OPT/ONAL---------
{The information below is not required by law)
Description of Attached Document
Title/type of Document
Date of Document No . of Page s ---------------------
O ther Signer(s)
h: Id ocs l su retylform s I n ota ry . doc
I
POWER OF ATTORNEY RLI . t:/Jic
an RLI Comp a ny
9025 N . Lindberg h Dr. I Peoria, IL 6 I 615
Phone : (800)645-2402 1 Fax (309)689-2036
RLI Insurance Company
Contractors Bonding and Insurance Company
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and
Insurance Company, required for the applicable bond.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company , each Illinois corporations (as applicable), each
authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint:
Nicki Moon, David Weise, jointly or severally
in the City of Rancho Cordova , State of California , as Attorney in Fact, with full power and authority hereby
conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds,
undertakings, and recognizances in an amount not to exceed Ten Million Dollars
( $10,000,000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit:
11 All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
-----1--(1_0rp0Fate-n-a-me-ttHbet0rporat-ion-by-ilie-P-residen-t,-Secret-a-ry,any-Assistant-Secreta-ry,'Freasurer,-orany Vtce-Pre,.;u,,.,,, u, u 1
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WI1NESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 8th day of December, 2016.
State of Illinois
County of Peoria
} ss
On this 8th day of December , 2016
before me , a Notary Public, personally appeared Barton W. Davis ,
who being by me duly sworn, acknowledged that he signed the above Power
of Attorney as the aforesaid officer of the RLI Insurance Company and/or
Contractors Bonding and Insurance Company, and acknowledged said
instrument to be the voluntary act and deed of said corporation .
~)Jz.~e-<-.
~kier Nc tary P~blic
~IT~ "OFFICIAL SEAL "
" NOTA RY f: fr~:~1g,r JAC QUELI NE M . BOCKlER
ILLINOIS ' COMMISSION EXPIRES 01/14/18
RLI Insurance Company
Contractors Bonding and Insurance Company
~ ~ I</. ?1!r=
Barton W. Davis Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company, and/or
Contractors Bonding and Insurance Company, each Illinois
corporations, do hereby certify that the attached Power of Attorney is
in full force and effect and is irrevocable; and furthermore , that the
Resolution of the Company as set forth in the Power of Attorney , is
now in force . In testimony whereof, I have hereunto set my hand and
the seal of the RLI Insurance Company and/or Contractors
Bonding and Insurance Company this 23rd day of March
2017 __ .
ranee Company
'
Vice President
047534902021 2 A0059! !5
DOCUMENT 00630
GUARANTY
Project No. 20 I 7-03
TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of
CITY HALL TURF REDUCTION
PROJECT NUMBER 2017-03
CUPERTINO, CALIFORNJA
The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment
incorporated therein .
Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period
specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work in c luding,
without limitation , all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in
connection with the Work.
Neither final paym ent nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of
Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or
responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any
damage resulting therefrom , which shall appear within one year, or longer if specified, from the date of Final
Acceptance.
If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or
reg ulations , or by the terms of Co ntract Document s, any Work is found to be defective, Contractor shall promptly ,
without cost to City and in accordance with City's written instructions, correct such defective Work . Contractor shall
remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or
remove and replace any damage to other Work or the work of others resu ltin ·
comply with the terms of such instructions , or in an emergency where delay would cause serious risk of loss or damage,
City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all
claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to
correct defective Work , or defects are discovered outside the correction period , City shall have all rights and remedies
granted by law.
Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though
equipment, materials, or Work required to be provided under the Contract Documents have been inspected , accepted , and
estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material , or Work
found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the
guaranty period.
All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract
Documents, including, without means of limitation, Section 00700 (General Conditions).
The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents , and
not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to
Co ntractor 's duties , obligations, and performance under the Contract Documents . In the event of any conflict or
inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract
Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the
Contractor.
S t -M GS, OJ C,
Contractor 's Name
(2-'1;41.{ StA,,\t\ ~ ~..A_
Address
~~~r CA q Ll o 14
Crty/Stte/Z1p · Date
END OF DOCUMENT
City of C upertino 00630 -I G uaran ty
City Hall Turf Reduction
DATE: 8/18/2017
Contractor:
Scapes Landscape Company, Inc .
12344 San Mateo Road
Half Moon Bay, CA 94019
CITY HALL TURF REDUCTION
PROJECT NO. 2017-03
CONTRACTCHANGEORDER3
CCO# 3 --------
P.O.# ;2ot-::t--411 ....;;;..-=-~-....;.....;.....:::....-_
Acct. # _4, ~2P ...... ·-2-1, ....... o--,~____,f lJlJ -f ~
The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees
that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every
entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule
impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all
other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such
Subcontractors and suppliers at all tiers.
Change City Authorization Description $21,000.00 No. Type and No.
Owner furnished contractor installed and
3 RFP 002.A contractor furnished contractor installed bench $21,000.00
improvements per RFP 02 .A.
Per phone discussion on 8/17 /17, reinforcement
agreed to be #4 rebar at 12" O.C.
Per phone discussion on 8/17/17, contract
extension adjusted by an additional 42 calendar
days to include lead time for contractor
furnished contractor installed benches. Total
contract extension equals 56 calendar days.
Page 1 cco 003
CITY HALL TURF REDUCTION
PROJECT NO. 2017-03
CONTRACT CHANGE ORDER 3
Total
Change Order No. 3
Total Project:
Original Contract $ 223,000.00
Change Order No . 1 $ 21,994.15
Change Order No. 3 $ 21,000.00
$21,000.00
$ 21,994.15
$ 21,000.00
Revised Contract $ 265,994.15 Total Change Orders $ 42,994.15
Schedule Impact: 56 calendar days
Project Final Completion Date: 10/31/2017
REVIEWED BY: APPROVED BY:
Katy Jensen
CIP Manager
Date: t>/'Z-1 / 'Zo I+
I
G~y
Glenn Rock
Project Manager
Date: 8/18/17
-City of Cupertino
Timm Borden
.......
Director of Public Works
Date:
Date:
cco 003
REQUEST FOR PROPOSAL
Project: City Hall Turf Replacement Project No.: 2017-03
RFP No.: 02.A
To: Scapes, Inc. Date: 8/2/2017
12344 San Mateo Road Return By: 8/7/2017
Half Moon Bay, CA 94109-7112
Attn: Jackie Hodgdon Requested By: Glenn Rock
Reason for Request:
Owner furnished contractor installed (OFCI) bench improvement and contractor furnished contractor installed
(CFCI) bench improvement ·
Please submit a firm quotation for any adjustment to your contract for the following change:
I See attached revised RFP plan sheets delineating OFCI and CFCI i mprovements.
Attachments:
I Plan sheets (Total of 8)
Time and Materials Not-to-Exceed
X Lump Sum Not-to-Exceed
x Do NOT proceed, submit quotation only Shop Drawings Required
Proceed with work and submit quotation X No Shop Drawings Required
Return this request with your quotation noted below Authorized by:
and attach all detailed back -up for the change outlines Glenn Rock%-
above. Your quotation will not be considered valid
· unless detailed back-up is included. Failure to comply
will result in payment delays. Date: 8/2/17
THIS SECTION TO BE COMPLETED BY THE CONTRACTOR
For the change outlined above, we propose:
An increase of$ :Z, 1 000 to the contract
amount
A decrease of$ _____ to the contract
·amount
No change . vJOv\.d~
The above will necessitate '.10 additional days
extension of the original contract completion date .
By: -..V\C,\?u~-ttDP u Dorv
Title: ?R.OS&u::1 M N0kuajes1.
Company: SCMES, I NC.-,
Date: ·Wll
City of Cupertino
City Hall Turf Reduction Project-# 2017-03
/-
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-------------------------------------·
!RFP Revised 8/2/20'17
RFP fo r Installat ion of Benches
Proposal for the following :
Rodrigues
1 _ Purchase benches -co ncrete square bench -Belson Outdoors, model# TF5119 -6 units
a_ (Precast concrete square bench, 36" Sq _ x 18" H; color: W26 Weatherstone/Charcoal)
2 _ Pick up Landscape Forms benches purchased by City -Arcata bench -3 units
a. (Pick up location· 10555 Mary Ave, Cupertino, CA)
3. Construct pads for benches -5-1/2" depth reinforced 3000 psi concrete pads
4 . Restore compacted DG paving to edges of concrete pads
5. Install Belson benches -center and place on pad ; free-standing
6 . Install Landscape Forms benches -surface mount; bolt to pad per manufacturer's recommendation
,,Socym=bo,clc,:#c.:U,,_n"-'i-"ts'-"'M'-"a"'n"'u'-"fa"'c""tue.;re"'r---------'M=od""e"'l ______ _,D,.,,ecesecc'-"rip.,,t,,io"'n'---------'S"'iz"-"-e fd x h x I) Ship Weight
c:l 3 Landscape Forms Arcata Ba cked Ben ch Exterior Woods, no Fi nish 24 _0" x 32 _0" x 74 .0" 270 lbs _
ca s Belson Outdoors TF5119
on 24 "x74 "x5-1/2" cone . slab
Precast cone_ square bench, 36" Sq . x 18" H
co lor: W26 Weatherstone/Charcoal
on 36 "x36 "x 5-1 /2" cone . slab
825 lbs .
BELS5 N" ''t our 'O ui(U)v r S upn·J foJ e
0 U T O <>'o!R S
1-800-323-5664
M-F 8:00am -4:30pm CT
•11•·!:Z<'.>tt.-
;~~c Fr~:0 Caia:O!J <'T-~~1ct U:?-1 F!:.J)s <)1r1
Squan~ C ·,r,f"tt.
Build More Community
Standalone square concrete benches have a
strong presence. The un ique 3' x 1-1/2' size gives
this square structure opportunity to provide · a
community with both bench and an impromptu
sitting table.
Dimensions : 36"Sq . x 18"H
The simple square design with a slight recessed
base , smooth curved edges and wide surfaces all
accentuate the natural elements of the concrete
material. This multi-functional , security ready,
hexagon bench is constructed entire ly with steel
rebar reinforced ASTM compliant concrete .
Please Note
Concrete benches needs to be p laced on a solid
flat footing that will not shift, flex or move.
A-cia \/Vash Colo r Option$
':.~-j}': . ~ ....
._,,h ~te-buff S:-:!Hd gmv
.•'
lmt:k
red
b :u·,'1n cha r.coat
Model TF5119
Widely installed for providing the durability
demanded from high volume landscapes . Available
in standard and premium se lection of finish and
co lor options to meet that demand .
V\'eo tt:er:;tc 1e Color Optic,ns
,-,t,•te
b r-c!(
rf.d
buff s:;nd -;;rey
b:ro wt, ch~n::oal
1/1/ea the:slone Gl;~s.s Concre te Co lor Options\~ -C U SJf ·~ -CUS7')
-"'~--
c:~a,ttr!I.' charco-.:;1/ cnarc1)21.' t:aa rc.1)2:I.' r;n ,ii rc ::;a:r gr<":y .r gra•1 ,· ~;ra ·/,' gra·t gra:;/
clear c:..h arcoaf ' amber• em~rald.,,-blue ··· cle8r chcr ::;oa l"· .a mb er' eme r,3l d .. ,. blu e~,
,•. ,: ~.•;-'!I-·;.\
.. ; t t ~.
. .. . .~,:,e;
wh 1fe / wt11 t~.' wh ite; v.11 ii-Qt v,rfl itet
c!ear· c:hc r r:oa l' an•ber -ern e rald :., blu-B ;'
: ....
~ .• .!'
$cifld i
c;lear ..
l }i -...
; ~,,, '4.
s?.n d! satl<l .'
.;;.hc.rcvai-<:1rr i bt;'r " ernernl<f'.;
,\'t\
$aoct/
biuo "
'9' Item Specific Details Available on Linked Model Numbers Below Ll )l ?.IL ~J G+
? () kl .Se:: ;r~1 l-(H1cre1e BPn~ h Ot,
TF5 119 Choose Color ...
0ild :Sq a1 C.::ncrnte E er , Ground G!:.iss Concrete Finish Options
TF5119-CUS4 I Choose Color
TF5119-CUS7 !Choose Color
(Prices F.0.B. Origin)
...
...
(825 lb s) $516 .00
(825 lb s) $722.00
(825 lbs) $903 .00
Bulk Inquiry Add to Cart
Pr ecast Concrete
Hexagon Bench
. '. Previoos Produ.::I
Related Products
35 Gallon
Concrete Receptacle
Concrete
Drin king Founta in
Copyright and Disclaimer© 1993-2017 , Belson Outdoors, LLC
,-..JJ,,,.,
1948 ~69 :2.on ~ ~~~--e..-
Stain less Stee l
Circu lar Bike Rack
Nexl Prod uct
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111 North River Road I North Aurora, IL 60542 1 (800) 323-5664 I Fax : (630) 897-0573 I sales@be lson.com
I
Be lson Outd oo rs -Qu ote WQ 2 04898 Page I o f 2
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If you are havi ng trouble reading this email ? View it ,n your brov,ser or go to
hit s://www.belson.com/Secu re/Re uest.as x?O rderl D=204898&Ke =3838 .71666163086 ...................................................................................................................................................................................................................................................................................................................
Quote#
Q 204898
Here is the Quote as per your request. The 'Shipping ' total has been appl ied.
To place an order , simply click 'Submit Order Confirmat ion' be low .
P lease print this page for your records.
Customer Order Confirmatio n is requ ired to process o rder.
111 North River Road
North Aurora , IL. 60542
sales@belson .com
To ll Free: 1-800-323-5 664
Phone : 1-630-897 -8489
QUOTE#
WQ 204898
Fax: 1-630 -897 -0573
Mode l # De sc ription Lbs Qua ntity Uni t Pri ce Unit Total
Precast Concrete Square Bench , 36"Sq . x
TF5119 18"H 825 6 $516 .00 $3 ,096 .00
-W26 Weatherstone I Charcoa l
Subtotal 4 ,950 Subtotal $3,096 .00
(ll !i nois Onlyi Tax $0 .00
Custom er Order Confirma ti on is required to process order. S h ipping $1 ,032 .23.
Your Order will not be sh ipped without your "Orde r Confirmation" Gran d Total $4 ,128 .23
Bill To:
First Name " Katy
Last Name · Jensen
Company City of Cupertino
Address "' 10300 Torre Avenue
Address
City • Cupert ino
State " CA
Zip Code * 95014
Cou ntry
Phone " 408-777-3248
Fa x
Email katyj@cupertino .org
,/ Phone Ca ll 24 Hours Prior to Deli very ,-
Ship To:
First Name Katy
Last Name Jensen
Company City of Cup ert ino
Address " 10300 Torre Avenue
Address
City ' Cupert ino
State * CA
Zip Code • 95014
Country
Phone 408 -777 -3248
Fa x
Email katyj@cupertino .org
Delivery to Residential or Non-Commercial Tru ck Route Add resses
http s://www.be lso n .co m/sec ur e/requ est.as px?Ord e rID =2 04 89 8&Key=3 83 8. 716 66 16 3 08 6
'
.. J
8/2/2 017
Belson Outdoors -Quote WQ 204898
v 8©w.er iftgatel.S'."egJite , 0 Elri11eriwill-lo'wen.s lt/i pment,fobni ct heitmcckttmthe igr0um'cf1(t0 .nly)e truck .
:,, Does Not apply to UPS shipments
Special In structions
MJ-email
Intended Payment Method
VfSA t ·---· "' Visa MasterCard American Express Discover Check with Order
0 0 0 0 0
Order Confirmation Method -Customer Confirmation is Required to Complete Order
@ Email Order Confirmation
0 Fax Order Confirmation
katyj@cupertino.org
0 Customer Service Representative Call (M-F 8 :00am -4 :3 0pm CST)
What is the best day and time to call?
Contact Name (If Different than 'Sold To'} Phone
Page 2 of2
On Account
0
Su b m it Orde r Confi rm ation Cancel Orde
https://www.belson.com/secure/request.aspx?OrderID=204898&Key=3 83 8. 71666163086 8/2/2017
Arcata® Installation Guide I a ndsca pef ormse
Bench
""·
' ....• .l' 1)'
Bench options
Included components
• Assembled bench
• For surface mount option: (6) each 1/2-13 x 1-1/2" hex head cap screw, drop-in anchor
for 1/2-13 screw and 1/2" flat washer. Setting tool for drop-in anchor included.
( \
'
6x-hex head
cap screw
(surface mount only)
Tools Required
• Safety glasses
6x -flat washer
(s u rface mount only)
i'
6x -drop-in anchor
(surface mount only)
lx -setting tool
(surface mount only)
• Hammer drill with 5/8" dia masonry drill bit (for surface mount)
• Hammer (for surface mount)
• 3/4" wrench (for surface mount)
ASSEMBLE WITH CARE! Pangard II ® Polyester Powdercoat is a strong, long-la sting finish . To protect
this finish during assembly, place unwrapped powdercoated parts on packaging foam or other non-
marring surface. Do not place or slide powdercoated parts on concrete or other hard or t ex ture d
surface -this will damage the fi nish causing rust to occur. Use touch-up paint on any gouges in the
finish caused by assembly tool s.
Date : May 2011
U.S. Patent No. D453,424; D455,919; D451,296; D450,952
www.landscapeforms.com Ph: 800.521.2546
PROCEDURE FOR INSTALLATION:
1. Prepare proper footing or slab as required .
Note: Land sc ape Forms is not responsible for footing or slab instal la tion .
FOR SURFACE MOUNTED BENCH :
Note: DO NOT DRAG bench across concrete or other rough surfaces. This could
damage the powdercoat on the bottom of the base plate .
2. Place unit in desired position and mark anchor locations through holes provided in
base plate.
3. Move unit and drill holes according to Fig. 1.
4. Clear the holes of dust and debris using compressed air.
5. Install drop-in anchors flush with surface of concrete .
6. Expand anchor with setting tool. Anchor is properly expanded when shoulder of
setting tool is flush with top of anchor.
7. Place unit in desired position and install the washers and hex bolts. Tighten to 55-
60 ft-lbs.
8 . Periodically check fasteners and tighten if required.
[Slmn1
2'
HOLE DEP1H
Fig . 1-Anchor Detai l
1/2-13 ;,c: 1-li2"
HEX BOL1 AND
l :'2· 13 ·t~ AS HER
STAINLE SS STEEL
Page 1 of 2
Arcata® Installation Guide land sea peforms*
Bench
NOTE: CONCRETE SHOULD BE STEEL REINFORCED, CONCRETE : f'c = 3000 p.s .i.
'102mm ;
4 ..
M IN ' r ····
~
1
1 l
I
11
! >Auu
..;. __ ....... _ ... .
RECOMMENDED INSTALLATION DETAIL FOR
MOUNTING ALONG SIDEWALK
····~-..
!
~, ...
,f ,,i .'-t ,;
CP'>lTER BENCH
ON CONCRElE
l 914mm i
36" SQ U ARE · ·-
M IN
RECOMMENDED IN STALLATION DETAIL FOR
MOUNTING TO NEW SLAB
'
www.landsc apeforms.com Ph : 800.521.2546
....
.. /
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\ .: .. ... /
EXPANSIOl'l
JOINi
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i "22rnm ··,,.,.,,, /,.,/[222mrnj
8~3 /4" •,,,,,<_ / / 8 3/4'
MIN ' ·,,. ! ,/' #' M l N
EDGE OF
CONCRETE ,
'-..!,.,.. ,"'
SPACING FOR SURFACE MOUNT BENCH
i45L, r ____________ i
l i C EN TER BENC H
.. 17 7 /8'
SEAT HEIGHT
FR OM GR.A.DE
Date: May 2011
J
483rnrri
19'°
OR FROS TUNE
WH iCH EVER
IS DEEPER
l
! I , ON FOOTING
.>,.,,7'"-'fT,~-·,c-1 -•. ·¥:·u "":· ..
762mm
30" SQUARE
IY'.!N
RECOMMENDED CAISSON FOOTING FOR
SURFACE MOUNT BENCH
U.S. Patent No . 0453,424; 0455,919; 0451,296; 0450,952
• .. l
[914mm ;
36"
OR FROSTUNE
\VHICHE'/ER
15 DEEPER
[ 610mm ]
;)24" /\l'dN -
RECOMMENDED CAISSON FOOTING
FOR EMBEDDED BENCH
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